Environmental Tort Liability Insurance System Research

Environmental issue is becoming one of the most concern topics in the world. With China’s economic development, people’s living standards improve, more and more environmental pollution and ecological damage caused the concern of the community. China is one of the world’s most serious environmental pollution countries, environmental issues has affected China’s economic and social sustainable development.This paper adopts many study methods, such as comparison method, literature method, and historical analysis method, and so on. In this paper, I try to make a comprehensive analysis of environmental infringement liability insurance. With the support of theory of socialization of tort liability and the principle of no-fault liability rules, environmental infringement liability insurance becomes the recognition of the legal profession. By the development of environmental infringement liability insurance, the risk of environmental liability can be effectively dispersed, and it provides protection to victims in a timely manner. The environmental infringement liability insurance has been developed in western countries for decades, which provides us precious reference.China has developed environmental infringement liability insurance as early as the early1990s, unfortunately, it ultimately ended in failure for various reasons. In recent years, the department of the State Environmental Protection Department and OCI jointly issued guidance on the environmental pollution liability insurance, re-launched the environmental infringement liability insurance pilot project, and strive to provide valuable experience for promotion in the country. China’s environmental infringement liability insurance has developed for only a few years, and has exposed a number of problems in the promotion process. When we use the Western experience, we should take full account of the characteristics of our own national conditions.The paper is divided into four parts. besides the background information on the Environment, the first part focuses on the environment infringement analysis, as well as the legal basis of environmental infringement liability insurance, and the introduction of its features and functions; In the second section, I compares the different modes of the development of environmental infringement liability insurance in major Western countries, the trends of the development of environmental infringement liability insurance and the advantages and disadvantages of different modes; In the third part of the paper, I introduce the development of environmental tort liability insurance in China, as well as the problems encountered; the last part attempts to make personal observations and recommendations on the development path of China’s environmental infringement liability insurance.